Can I Fight a DWI Charge in Texas?
Absolutely. A Texas DWI defense attorney can challenge the charge by questioning the legality of the stop, the accuracy of the breath or blood test and any field sobriety tests, and any other factors that could influence the case.
Every DWI case is unique. Therefore, it’s always wise to consult with a Houston DWI defense attorney to determine the most effective defense strategy for your specific situation and facts.
To defend a DWI charge, we always check the legality of the initial traffic stop. Law enforcement need a valid reason to stop you. If the stop was unjustified (and there are many ways to show this), evidence might be excluded, including all evidence obtained after the improper stop.
Field sobriety tests, which are highly subjective and rely on the officer’s judgment, can also be challenged. Several external factors, such as the driver’s physical condition, weather conditions, and the test environment, can unfairly influence performance on these tests. Highlighting these variables can sometimes undermine the credibility of the test results.
The procedure for handling and analyzing blood samples for blood alcohol concentration (BAC) testing is another area ripe for defense. There are strict protocols for the collection, storage, and processing of blood samples. Any deviation can compromise the sample’s integrity. At the Westbrook Law Firm, we can scrutinize the chain of custody and testing process for errors that could question the accuracy of the BAC measurement.
Certain medical conditions or dietary factors can influence breathalyzer test results. Conditions like acid reflux, diabetes, or specific diets can lead to falsely high BAC readings. A defense might focus on how these conditions could have affected the test results, offering an alternative explanation for the observed BAC level.
Finally, if the evidence of intoxication is primarily observational, such as the officer’s notes on the driver’s appearance or behavior, a defense might argue these observations could be attributed to factors other than alcohol or drug use, such as fatigue or stress. This approach can weaken the prosecution’s argument. It offers plausible alternatives to the signs of intoxication.
For more information about your possible defenses, please contact the Westbrook Law Firm at 281-888-5581. Let us work towards securing a favorable resolution to your DWI case.
